Commission.193 They also have the right to request information from the relevant authorities about
where their documents are and the date by when the application will be considered.194 If the authorities
refuse to consider the application, the applicant also has the right to request the reasons in writing.195
Any decision on citizenship issues can be appealed to a court within six months.196
The nationality legislation in Kazakhstan, Turkmenistan, Tajikistan and Uzbekistan contains no
similar right to seek information about the status of a citizenship application while it is underway.
However in all four countries, applicants should be informed once a decision has been taken.
In Kazakhstan, the Ministry of Internal Affairs instructions setting out the procedures for consideration
of citizenship issues indicate that an applicant shall be issued with a certificate indicating the motives
for rejecting an application relating to citizenship.197
In Tajikistan applicants should be informed by the Ministry of Internal Affairs or the Ministry of
Foreign Affairs about the decision in their case no later than two weeks after the agency has been
notified of the decision. In Turkmenistan applicants should learn of the outcome from the State
Migration Service, also within two weeks. The laws do not say, however, whether the decision is
given in writing and with the reasons for refusal in case of a rejection.198
In Uzbekistan the nationality legislation does not indicate whether applicants are entitled to receive a
reasoned response in writing at any stage, which makes it additionally difficult for them to appeal
against decisions. As in Tajikistan, the nationality law in Uzbekistan, lacks a general right to appeal
decisions on nationality issues or to have them reconsidered.
The citizenship laws in Kazakhstan and Turkmenistan provide individuals with the opportunity to seek
a reconsideration of any decision on nationality issues, while Kyrgyzstan is the only country in the
region where decisions on nationality can be appealed in court.199
All States provide a separate right of appeal against state officials who refuse to accept applications;
fail to comply with set deadlines; or otherwise violate citizenship procedures and procedures for
implementation of decisions on citizenship issues. Applicants can appeal to their hierarchical superior,
or through the courts.200
In Tajikistan and Uzbekistan, where there is no general right to appeal decisions or to request their
reconsideration, it is not clear to what extent this provision covers cases involving the rejection of an
application for naturalization.
Persons applying for Tajik citizenship from abroad, can appeal against maladministration to the
Supreme Court. Tajikistan also has a separate provision allowing persons who have been refused
193
Articles 8 and 19 and Annex 3, 2007 Regulation No 473 ‘On the Procedure for Considering Issues related to the
Citizenship of the Kyrgyz Republic’.
194
Ibid, Article 21.
195
Ibid, Article 15.
196
Article 41, 2007 Citizenship Law of Kyrgyzstan.
197
Article 41, 2002 Ministry of Internal Affairs Order No 556 ‘On Instructions related to the Consideration of Questions
related to the Citizenship of the Republic of Kazakhstan by Divisions of the Ministry of Internal Affairs’.
198
Article 26, 1992 Citizenship Law of Turkmenistan and Article 35, 1992 Regulation No 1328 ‘On the Procedure for
Considering Petitions and Applications on Issues related to the Citizenship of Turkmenistan’; Article 26, 1996 Regulation No
611 ‘On the Procedure for Considering Issues related to the Citizenship of the Republic of Tajikistan’.
199
Article 46, 1992 Citizenship Law of Turkmenistan; Article 41, 1991 Citizenship Law of Kazakhstan; Section VII,
Paragraphs 71-73, 2007 Regulation No 473 ‘On the Procedure for Considering Issues related to the Citizenship of the Kyrgyz
Republic’ and Article 41, 2007 Citizenship Law of Kyrgyzstan. If the applicant is able to present a good excuse why he or
she missed the appeal deadline, it can be reset by judicial proceeding.
200
According to the Uzbekistan Citizenship Regulation, appeal to a court is possible only after an administrative appeal has
failed. Section VIII, Paragraph 3, 1992 Regulation No UP-500 ‘On the Procedure for Considering Issues related to the
Citizenship of the Republic of Uzbekistan’.
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